Volkswagen Car-Net® Security & Service Terms of Service
Effective June 2013
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE; AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (OR THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE ANDLEGAL UNDER THE CIRCUMSTANCES.
1. Starting Your VW Car-Net Security & Service
In order to use the Service, you must agree to these Terms of Service. Before we provide you with the Service,we may require that we have a valid credit card on file for you. The terms of your specific Service Plan,including the pricing if you continue the Service after the introductory period and other terms that are part of your Service Plan, are part of these Terms of Service. You will be bound by these Terms of Service if either: (i)your Vehicle purchase or lease agreement contains a provision that says you agree to these Terms of Service;(ii) you sign a contract that includes these Terms of Service; (iii) you purchase or lease a Vehicle that includes the Service in the purchase or lease price and you register for the Service; (iv) you speak with a VW Car-Net Security & Service customer service representative and register for the Service; (v) you authorize your Vehicle dealer to register for the Service on your behalf; or (vi) you or someone you authorize to use your Vehicle and the Service uses the Service or accepts any of its benefits. Once you accept these Terms of Service you are responsible for your own compliance with these Terms of Service and for compliance by occupants of your Vehicle and anyone using your Service account, whether or not authorized by you. Except for the functioning of Automatic Crash Notification services that may be active for a limited period following delivery of the Vehicle, no other emergency or other service will be enabled until you contact us and request that it be fully activated and complete the subscription process.
2. Discontinuing Your VW Car-Net Security & Service During the Introductory Period
You may terminate the Service during the introductory period, if any, included with the purchase or lease of your Vehicle, by contacting a VW Car-Net Security & Service customer service representative at 1-877-820-2290.
3. Changes to Terms of Service
We can change these Terms of Service; change, add or delete Services and Service Plans; and change the prices we charge for each Service Plan, at any time. Any change in prices for your Service Plan will not take effect until the current term of your Service Plan has expired. If a change materially affects your Service, or your rights under this agreement, we will notify you of such change by mail, email or posting of amended terms. You can cancel this Agreement if you do not agree to the change, but if you do not notify us within 30 days after we give you notice of the change, then the change will become part of this agreement.
4. Registering with Us
If you wish to get the full benefit of your Service Plan, it is important that you register for the Service by calling us at 1-877-820-2290 or pressing the "i-Button” in your vehicle. Until you register, the Service, including but not limited to, manual emergency services, remote lock and stolen vehicle recovery, will not be available. You will be asked to provide identification information as part of the registration process and may be required to provide a credit card.
5. Service Costs, Taxes and Other Charges, Payment Provisions
a) Introductory Period
The introductory period for your Service Plan, if any, starts on the date that you purchased or leased your Vehicle and continues for the time specified in your Service Plan. There may be no additional charge to you if an introductory period for a Service Plan is included with the purchase or lease of your Vehicle. You can learn about the features included in your Service Plan, additional features that may be available to you, and the prices for Service Plans and additional features (the “Service Rates”) on the VW Car-Net Security & Service Web site or by calling us at 1-877-820-2290. Information may also be available in an informational brochure that may be available from your Volkswagen dealer. Call us at 1-877-820-2290 or press the “i-Button” if you wish to activate or terminate any introductory period included with the purchase or lease of your vehicle.
b) Renewal After Introductory Period
After any included introductory period ends, the Service will be discontinued unless you renew your subscription with a valid credit card or through any other means of electronic payment, acceptable to us, and provide us with appropriate authorization to charge the credit card or use such other acceptable means of electronic payment. If we have an acceptable and valid means of payment on file for you and we have obtained appropriate authorization, your current Service Plan will automatically renew for whatever period is provided for in the Service Plan to which you agreed, unless you or we cancel or terminate in accordance with the terms hereof, or unless either of us provides notice to the other of non-renewal at least fifteen (15) days prior to the end of the current term. Unless otherwise permitted (or required) by law, rule or regulation, we will provide you with notice at least thirty (30) days before your current Service ends, so that you can decide and notify us if you do not want to continue your Service Plan or if you want to change it or add additional features to it. To the extent a longer period is required by law, rule or regulation, we will provide you with notice within such period.
c) Excessive Usage Charges and Other Charges
Our ability to provide the Service and maintain its quality may be impaired as a result of excessive usage such as when customers place illegitimate emergency, roadside assistance or remote vehicle door unlock calls, place or initiate unusually high numbers of calls or calls of unusually long duration, send or receive unusually high numbers of messages, as compared to typical usage by other customers for similar Service Plans. We may charge you for such excessive usage, at our then current rates (“Excessive Usage Charges”).
You will be responsible for and will pay any Excessive Usage Charges incurred against your account. Inaddition, if you use certain high data usage Services primarily outside of the network footprint of our wireless Service Partner, and as a result those Services are provided to you primarily through the roaming arrangements of our wireless Service Partners, we reserve the right to notify you and cancel your future use of such high data usage Services. You are responsible for paying directly to third parties, including emergency service providers, all charges for services furnished by them directly to you (such as ambulance fees) that are not expressly covered by your Service Plan.
d) Taxes and Surcharges
Service Rates do not include certain taxes and surcharges that may apply to your Service. To the extent applicable, as determined by us in our sole discretion, in addition to Service Rates, we may charge state and local sales taxes, surcharges for federal and state Universal Service Fund contributions, and state and local 911 or other emergency service fees. Charges may also include a cost recovery surcharge. You agree to pay such amounts. Surcharges are typically assessed to help defray our costs (or the costs of our wireless service providers) incurred in complying with federal and state telecommunications regulations. Surcharges are not taxes or fees that the government requires from consumers. In addition to all applicable Service Rates, you agree to pay all taxes and surcharges charged to you by us. The applicable taxes and surcharges will be added to your bill.
e) Payment Methods and Your Payment Responsibilities
You are responsible for paying all amounts due on time and in full. All charges (including all Service Rates, taxes and surcharges) shall be paid in advance of the term to which they apply (other than Excessive Usage Charges which will be billed when incurred) and are non-refundable (except as otherwise provided in these Terms of Service). If you have a valid and current form of payment on file with us, we will charge you in advance for the next term of Service. If your payment information has changed at the time payment is due, you must arrange for payment or provide us with updated payment information, or else we may discontinue the Service. We may terminate or suspend your Service (in whole or in part) without notice to you if your credit, charge or debit card provider refuses a charge from us or if such card has otherwise expired. Even if we terminate or suspend your service, you will still be responsible for any charges due at the time of such suspension or termination.
f) Disputed Charges
If you think that there has been an error in any charge billed by or through us, you must notify us within sixty (60) days, or such longer period as required by law, after the charge is posted to your account to request an adjustment. If you do not contact us about the disputed charge within this time period, you agree that you have waived your right to dispute the charge and must pay all amounts due in full.
6. Termination, Suspension, Reactivation, Change and Transfer of Service
a) Our Rights to Suspend or Terminate the Service
We can decide to either issue a warning or suspend or terminate the Service at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure, or if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose, as a result of your breach of these Terms of Service or for reasons unrelated to you or your account with us. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access the Service, including the emergency services. In addition, if we are advised by your financing company or any Volkswagen Company that you no longer own or lease your vehicle, we may terminate your Service.
If we elect to terminate your Service (in whole or in part) as a result of your breach of these Terms of Service or unauthorized use of the Service or Equipment, you will not be entitled to any refunds or credits. If we terminate your Service for convenience, you will be entitled to a prorated refund for the unused portion of a monthly, annual or multi-year subscription.
b) Your Right to Cancel the Service/Credits
You may cancel the Service at any time by contacting one of our customer service representatives and notifying us that you want to cancel the Service. Unless your Service Plan specifies otherwise, you will not be entitled to a refund of any amounts that you have paid in advance. In no event will you be entitled to a refund (i) for any payment that was included in the purchase or lease price of your Vehicle, or (ii) for any one-time activation fees or transaction-based fees, if any, you may have incurred. We may in our sole discretion give a credit (the amount of which is determined by us in our sole discretion) for continuous Service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, as determined by us in our sole discretion, and if you notify us within seven (7) days of the continuous interruption. Any such credit shall constitute your sole and exclusive remedy for such failures, and you waive and release us and our Service Partners from any further liability to you in connection therewith.
c) Reactivation of Service
You do not have any right to have your Service reactivated, even if you cure any of the issues that resulted in the termination or suspension of your Service. It is solely our decision as to whether to allow you to have Service again. If we do decide to reactivate your Service, we have the right to charge a reactivation fee.
d) Transfer of Service, Sale of Vehicle, Termination of Lease
We may communicate with you about the Service by providing you with messages through the Equipment in your Vehicle. If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages to the Equipment in your Vehicle. We are not responsible for any privacy-related damages you may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle.
7. Authority to Use, Terminate, Change or Transfer Your Service/Service Plan
We will only accept requests from you (or from someone we believe is you, or someone with your authorization, such as your authorized agent) to use, activate, cancel, change, reactivate, or transfer the Service. You agree that we can assume that anyone who provides your Personal Information Number (which is assigned to you upon the initiation of your Service Plan) or other authentication information or supplies your credit, charge or debit card number is authorized to act in your behalf, and that we shall have no responsibility or liability for anything that may arise from our providing any services to, or acting upon instructions from any such individual, even if such individual is not, in fact, authorized by you to use your Personal Identification Number or account.
8. Your Responsibilities
a) Your Responsibility for the Proper Operation of Your Vehicle and Proper Use of the Service YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE; AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (OR THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.
b) Your Responsibility for Insuring Your Vehicle
The Service is provided to you as a convenience. The Service is no substitute for insurance. Neither we nor our Service Partners are an insurance company. You should not consider the Service as insurance or rely on it to limit the potential for loss, theft or damage to your Vehicle or property. The payments you make for the Service bear no relation to your Vehicle’s value or that of any property you may keep in it. You are solely responsible for obtaining and maintaining insurance covering personal injury, loss of property, and other risks covering yourself, those who operate your Vehicle, your passengers and anyone else claiming any damages, and release us from any such responsibility. No insurance company or insurer will be entitled to any right of subrogation against us or our Service Partners.
c) Your Responsibility for Maintaining Your Vehicle
In order for us to provide the Service, the Equipment in your Vehicle must be in good working order and your Vehicle must have a working electrical system and adequate battery power. The Service may not work if you try to modify the Equipment or add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Service. You may need to adjust your use of other Vehicle features, such as adjusting the volume of your radio to hear the audio portions of the Service. You are solely responsible for the proper maintenance of your Vehicle and its systems (including the Equipment) and for keeping it in good working order and in compliance with these Terms of Service and all applicable laws. You can always press the “i-Button” in your Vehicle to confirm that the Service is active. If the button is not lit when the Vehicle is on, this means that your system may not be functioning properly or may be inactive, and should be checked by a dealer.
d) No Illegal, Fraudulent or Abusive Use of the Service
You may not use the Equipment, the Service, or the VW Car-Net Security & Service Web site, in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity. You may use our emergency and roadside Service only for actual emergencies and legitimate roadside assistance and remote vehicle door unlock needs. The remote door unlock is not intended as a substitute for you bringing your key with you. You may not use the Service in a manner that interferes with any other customer’s use of our Service or our provision of our Service to our other customers. You agree you will not abuse or do anything to damage our or any of our Service Partners' respective business, operations, services, reputation, employees, equipment, property or facilities. You further agree that you will not harass, threaten or use vulgar and/or inappropriate language toward any customer service representatives.
e) No Commercial Use or Resale of the Service
The Service, including the messages, data, information, content, or other material provided as part of the Service, are provided only for your non-commercial use, and not for re-sale. Certain information you receive through the Service belongs to us or our Service Partners (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Service of any information provided through the Service for commercial purposes, nor may you reproduce, copy, modify, make derivative works from or otherwise display or distribute information provided through the Service.
f) No Rights to Telephone Numbers or Other Addresses
You have no property right in any number address or other communication identifier that may be assigned to you or to the Equipment in connection with the Service. Any such number, address or identifier may be changed from time to time.
g) Your Responsibility for Others Who Use Your Vehicle
You are solely responsible for those who use the Service in your Vehicle or use your Personal Identification Number or other authentication information, even if you later claim the use was not authorized, and you will be responsible and promptly pay for any charges arising from such use, and any damages to or expenses incurred by us or any of our Service Partners as a result of such use. Neither we nor any Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or Personal Identification Number or other information that can be used to identify your account to request the Service for your Vehicle. You are responsible for the security of your Personal Identification Number and any passwords you use to access the Service. We will make any changes to your account or charge you for any amounts authorized by a person who provides your Personal Identification Number or other authentication information that can be used to access your account.
9. Use of Certain Service Features
a) Locating Your Vehicle if It Is Lost or Stolen
If your Vehicle is stolen, we can try to help locate it after we receive satisfactory identification and confirmation from the police that the Vehicle has been stolen. We generally only provide location information about stolen vehicles to the police. However, in cases of crises or emergencies, we may, in our sole discretion, provide you with information about the general area of your Vehicle without police involvement. Neither we nor our Service Partners have any obligation to continue our attempts to locate your Vehicle after thirty (30) days from the time it is first reported stolen or lost to us, and we can’t guarantee that we will be able to find it. We do not have any obligation to try to find your Vehicle outside of a Vehicle theft situation, such as trying to locate an individual for you. If your Service Plan provides you with the ability to locate your Vehicle, such as by using a mobile application, in no case should you use this feature to try to locate a stolen vehicle. Such efforts are for appropriate law enforcement agencies. To enable you to continue to receive the benefits of the Service in the event your Vehicle is recovered, we do not terminate the Service when you report that your Vehicle is stolen, and we will not terminate the Service unless and until we get express instructions from you. Upon receipt of such an instruction, the Service will be terminated and you will be issued a refund equal to the value of any whole months remaining on your Service Plan that you have paid in advance (not including any payment that was included in the purchase or lease price of your Vehicle).
b) If You Are Locked Out of Your Vehicle
We may be able to unlock your Vehicle doors remotely in the event you are locked out of your Vehicle. You will need to call us and provide satisfactory identification before we will attempt to do so. We may provide assistance to anyone who provides us with your Personal Identification Number or other satisfactory identification of your account. If we are unable to unlock your doors remotely, you can request that we contact roadside assistance to help you. If your Vehicle or Service Plan does not otherwise include roadside assistance, you will be responsible for the cost of such services.
c) If You Need Emergency Assistance
We will use reasonable efforts to contact appropriate emergency personnel, such as police, fire department or emergency responders, for assistance when you request it or when the Equipment in your Vehicle signals for it, but we cannot guarantee that any such Service Partners will respond in a timely manner or at all. We will assume an emergency exists if we receive a crash notification signal from your Vehicle, such as a signal that your air bags have deployed. If applicable laws require an emergency to be confirmed before emergency personnel provide service, we will not contact emergency personnel in these areas until we hear your request for assistance or otherwise confirm that an emergency exists. YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL LIABILITIES AND LOSSES (INCLUDING PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION.
10. How the Service Works, Our Service Partners, Restrictions and Limitations
a) Our Service Partners
We work with many different companies, individuals and government entities to provide you with the Service. These Service Partners include, for example and without limitation, telecommunications providers, wireless service providers, public safety operators, emergency personnel, towing companies, vehicle distributors and dealers, equipment and software manufacturers, licensors, content providers, and any parties who provide any service, equipment, content, feature or facilities in connection with the Service. These parties are collectively referred to in these Terms of Service as our “Service Partners.” In some cases, one or more of the Volkswagen Companies may be a Service Partner. In the event any of our Service Partners impose additional terms and conditions on the services they provide, by accessing such services you agree to comply with any additional terms and conditions imposed by them, which will be available on the VW Car-Net Security & Service Web site. Service Partners may include Google, Inc.'s map services, use of which is subject to the Google Maps Terms of Service available at https://www.google.com/intl/en_us/help/terms_maps.html.
b) How the Service Works, Coverage Area
The Service generally works using wireless communication networks of our wireless Service Partners and the Global Positioning System (“GPS”) satellite network. The Equipment in your Vehicle receives GPS signals and communicates with our response centers through the use of wireless and landline communications networks. The location of your Vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the Service that we are able to provide to you. Some or all of the Service may not be available in all areas and may only be available if your Vehicle is in a geographic area covered by the service network footprint (and within operating range) of one of our wireless Service Partners and is able to receive GPS signals. Service is currently only available in the continental United States (including the District of Columbia), and Alaska, Hawaii and Puerto Rico with some roaming for certain services also available in Canada.
We use software in connection with the Service. We (or our Service Partners) own or have rights to all such software and you do not acquire any rights in such software other than the right to use such software as reasonably necessary for you to use the Service as permitted in your Service Plan and these Terms of Service. We may update or modify the software contained in your Vehicle’s systems or the Equipment from time to time, and we may do this remotely without notifying you or seeking your consent. Your Vehicle’s systems and the Equipment also may contain or utilize software that a Volkswagen Company and/or our Service Partners may need to update or change from time to time. You agree that we may assist them to make such updates or changes that they request remotely without advance notice or your consent. These software updates and modifications may affect or erase data that you have previously stored on the Equipment in your Vehicle (such as specific route or destination information). We are not responsible for any lost or erased (or otherwise affected) data and you are solely responsible for the data that you may have downloaded, uploaded, transmitted or otherwise stored from, to, on or through the Equipment or Service.
d) Voice Recognition
Voice recognition software, which may be able to recognize different voices, accents, speech patterns and words, may be used in connection with the Service. We do not represent or guarantee that such software will recognize or work with your or other voices, accents or speech patterns, or recognize some or all words, some or all of the time.
e) Events Beyond Our Control
Various conditions beyond our control may prevent or delay us from providing Service to you, or affect the quality of the Service. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills or tunnels), damage to or failure to maintain your Vehicle or the Equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, acts of God, natural disaster, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service (in whole or in part) or terminate your Service Plan, without notice to you and without any liability, except for refunding any prepaid amounts paid on account of a termination under such circumstances. We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.In the event of any regulatory, governmental or other legally compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our wireless carrier terminates or restricts wireless services of the type used by your Vehicle’s Equipment), you are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessitated as a result of such change or discontinuation, except that if such change occurs during your Vehicle’s base warranty period, while you will still be responsible for the cost of such replacement, we will be responsible for obtaining and providing you with the necessary replacement materials (if applicable).
11. Collection and Use of Your Vehicle and Subscriber Data
We collect information about your vehicle. This information includes the following: make, model, and year of your vehicle; vehicle identification number (VIN); purchase or lease date; dealer from which you purchased or leased the vehicle; information about the state of your vehicle (e.g., airbag deployment, vehicle diagnostics); and the location, heading, or speed of your vehicle. We may automatically collect such information from your vehicle. We collect vehicle information to provide VW Car-Net Security & Services, to comply with legal obligations, or to use or share in an anonymized or aggregate manner for purposes including research, analysis, product or service improvement, and aggregated information services such as traffic reporting. You may terminate this data collection at any time by calling us at 1-877-820-2290 to cancel services. If you terminate such data collection, you will not be able to receive any other VW Car-Net Security & Services.
We collect information about you and the Vehicle from sources including the following: directly from you or your use of the VW Car-Net Security & Service, the VW Car-Net Security & Service Web site and the mobile application; from your dealer; from the Vehicle’s distributor or manufacturer; from our Service Partners and affiliates; and from publicly or commercially available sources.
How Do We Use the Information We Collect? We use the information for various purposes, including the following: to provide VW Car-Net Security & Service to you and the occupants of your vehicle; to customize VW Car-Net Security & Service for your use; to analyze and troubleshoot VW Car-Net Security & Service and usage; to improve our product offerings; for research, safety, and prevention of fraud and misuse; to communicate with you; to provide you with information about products or services offered by our Service Partners or other third parties; and for our business purposes and to maintain internal records.
How Do We Share the Information We Collect? We share information with each other, with our affiliates and with our Service Partners for our and their business purposes; with our Service Partners for activities performed on our behalf; with business partners to provide you with joint marketing offers; with your dealer to assist it in servicing your vehicle or for other business purposes; as required or permitted by law; when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the VW Car-Net Security & Service or anyone else that could be harmed; and in the event of a sale or acquisition of our companies. We may share aggregated or anonymized data with third parties. We will not otherwise sell or share information that identifies you or the Vehicle for the independent use of third parties without your consent. The VW Car-Net Security & Services transmit voice and data between the response center and your Vehicle over wireless and cellular telephone networks. We cannot guarantee the privacy and security of conversations or data transmitted to and from the Vehicle. You agree that we are not liable for any damages arising from a loss of privacy that occurs during communications over these networks. You consent to us or any Volkswagen Company requesting and obtaining your current personal information (as defined by 18 U.S.C. § 2725) from any state department of motor vehicles or any reseller of such information. Your consent is pursuant to 18 U.S.C. § 2721(b)(13).
12. Disclaimer of Warranties
NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR AT OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE, (2) THE SERVICE, (3) NONINFRINGEMENT, OR (4) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.
The only warranties applicable to the Equipment in your Vehicle are those extended as part of your purchase or lease of your Vehicle. Such warranty does not cover the Service, in whole or in part. This warranty is not from us or binding on us and you must contact the Vehicle maker or dealer directly for any questions on such a warranty.
13. Limitation of Liability
BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICE, YOU ARE WAIVING IMPORTANT RIGHTS, AND YOU ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, VOLKSWAGEN COMPANIES AND OUR SERVICE PARTNERS (AS DESCRIBED HEREIN).
Neither we nor any Volkswagen Company nor our Service Partners assume any risk or responsibility for your use of the Service, or any of the information or other content provided as part of the Service. You acknowledge and agree that neither we, any Volkswagen Company, nor any of our Service Partners are liable for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, atmospheric conditions, act of God or natural disaster or by any other conditions or circumstances out of our control (as further described above in Section 12(e) of these Terms of Service).
In addition, neither we, any Volkswagen Company nor our Service Partners are liable (1) for our inability to contact any Service Partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Equipment or Service, or any product or service provided by or manufactured by third parties.
IF WE, ANY VOLKSWAGEN COMPANY AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VOLKSWAGEN COMPANY AND OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY VOLKSWAGEN COMPANY, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY VOLKSWAGEN COMPANY AND OUR SERVICE PARTNERS TO YOU. IN NO EVENT SHALL WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEY’S FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.
You understand and agree that the Volkswagen Companies and our other Service Partners, including without limitation the wireless carriers, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service and you waive any and all such claims or demands. If any Volkswagen Company or any of our other Service Partners is involved in any problem, you also agree to any limitations of liability that such entity imposes on its customers.
14. Indemnification; Release
You agree to indemnify and hold harmless VZT, each Volkswagen Company and each of our Service Partners, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) violation of these Terms of Service or your (or any occupant of your Vehicle) misuse or failure to use the Service or Equipment. You agree that the limitations of liability and indemnities in these Terms of Service will survive even after your Service Plan has ended and your Service has terminated. These limitations of liability apply not only to you, but to anyone using your Vehicle, the Equipment or the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our Service Partners provide or the Equipment. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE US, EACH VOLKSWAGEN COMPANY AND EACH SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF US, ANY VOLKSWAGEN COMPANY OR ANY OTHER SERVICE PARTNER, OR THE MALFUNCTION OF THE EQUIPMENT. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
15. Dispute Resolution
YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AND VZT EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:
(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER WIRELESS INDUSTRY ARBITRATION (“WIA”) RULES, AS MODIFIED BY THESE TERMS OF SERVICE. WIA RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE AAA. ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;
(2) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST VZT, A VOLKSWAGEN COMPANY OR ANY OF OUR SERVICE PARTNERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION;
(3) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS; AND
(4) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND VZT EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.
16. Contact Information
You may notify us by postal mail (Verizon Telematics, Inc., 2002 Summit Boulevard, Suite 1800, Atlanta, Georgia 30319), phone 1-877-820-2290, by pressing the “i-Button” in your Vehicle and talking to a customer service representative, or by electronic means (via the VW Car-Net Security & Service Web site). Such notices will be considered effective after we receive them. In particular, any written notice from you will be considered given when we receive it at our address provided in the preceding sentence. Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us toll-free at 1-877-820-2290, or you speak with a live customer service representative. Calls with our customer service representatives, emergency personnel, or the police may be monitored or recorded for quality assurance, issue resolution, maintaining service, training, or promoting or providing services. Our and our Service Partners’ customer service representatives may remain on the line while conferencing in a third party to assist in completing a service request. You (for yourself and your Vehicle’s occupants and anyone else acting or using the Service on your behalf): (1) expressly consent to the monitoring and recording activities described herein, and (2) release us and our Service Partners from claims, liabilities and losses resulting in connection with any such monitored and/or recorded communications.
17. Miscellaneous Terms
a) The Laws Governing Our Relationship
These Terms of Service and any disputes arising out of or relating to it or the Equipment or Service will be governed by the laws of the State of New York, wherever filed. Any complaint, arbitration or other legal action concerning these Terms of Service shall be interpreted under the laws of the State of New York and shall be subject to the jurisdiction of the courts of the State of New York. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses the Service.
b) Entire Agreement
These Terms of Service (including the Service Plan, the Privacy and any other document or policy incorporated by this Agreement) is the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Equipment or the Service provided to you pursuant to these Terms of Service or your Service Plan, unless such statements, agreements, representations, warranties or covenants are expressly contained in these Terms of Service or your Service Plan.
c) Effect of Termination or Non-Renewal of Terms of Service & Service Plan
Even after your Service Plan has ended and unless it has been replaced by a new agreement expressly entered into by and between us, the provisions of these Terms of Service will continue to govern any disputes arising out of or relating to it. These Terms of Service will also be binding on your heirs and successors and on our successors. In addition to any other provisions identified herein as surviving termination or expiration of your Service Plan, the following provisions of these Terms of Service shall survive the termination or expiration of your Service Plan: Sections 4, 5, 6, 7, 8, 9 and 11 through 17.
d) Waiver; Severability
No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.
e) Relationship Between Parties
Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any Volkswagen Company or any of our other Service Partners. These Terms of Service also do not create any relationship of principal and agent, partnership, or employer and employee between you and us or between you and any Volkswagen Company or any of our Service Partners.
f) Third-Party Beneficiaries
Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our Service Partners, and these Terms of Service do not give you any rights against any Volkswagen Company or any Service Partner. You are not a third-party beneficiary of any agreement between us and any of our Service Partners. None of our Service Partners has any legal, equitable, or other liability of any kind to you under these Terms of Service. You expressly waive any and all claims or demands for such liability.
We can assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time,without notice to you, in our sole discretion.
You agree to comply with all applicable trade regulations and export control laws both domestic and foreign. The Equipment and the Service, and any underlying information accessed or transferred by you using the Service may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any such Equipment, software or information to any foreign country. Any information transferred by you using the Service or the Equipment to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
What Information Do We Collect?
We collect information about you. This information includes the following:
- contact information
- billing information
- information you voluntarily provide to us or our Service Partners (which includes roadside assistance, emergency service, and other providers with whom you may interact directly or have a direct relationship, based on your usage of VW Car-Net Security & Service)
- information about your use of VW Car-Net Security & Service, vehicles equipped with VWCar-Net Security & Service, the VW Car-Net Security & Service mobile application, and the VW Car-Net Security & Service Web site
- information about your interactions with us, our affiliates, or our Service Partners
We collect information about your vehicle. This information includes the following:
- make, model, and year of your vehicle
- vehicle identification number (VIN)
- purchase or lease date
- dealer from which you purchased or leased the vehicle
- information about the state of your vehicle (e.g., airbag deployment, vehicle diagnostics)
- the location or direction of your vehicle when you request VW Car-Net Security & Service, to comply with legal obligations, or to use or share in an anonymized or aggregate manner for purposes including research, analysis, product or service improvement, and aggregated information services such as traffic reporting
- your Vehicle speed to the extent that you activate the speed alert function
We collect information about your mobile device when you use the VW Car-Net Security & Service mobile application. This information includes:
- the type of mobile device you use
- its operating system
- when you request a VW Car-Net Security & Service, the location of the device
- information you provide via your mobile device
- other information as necessary to provide you with a VW Car-Net Security & Service
We collect information about you and your vehicle from the following sources:
- directly from you or your use of VW Car-Net Security & Service
- from your dealer
- from the Vehicle’s distributor or manufacturer
- from our Service Partners and affiliates
- from publicly or commercially available sources
How do we use the information we collect?
- to provide VW Car-Net Security & Service to you and the occupants of your vehicle
- to customize VW Car-Net Security & Service for your use
- to analyze and troubleshoot VW Car-Net Security & Service and usage
- to improve our product offerings
- for research, safety and prevention of fraud and misuse
- to communicate with you
- to provide you with information about products or services offered by our Service Partners
- to provide you with information about other products or services we think may be of interest to you offered by other carefully selected companies we may partner with (Business Partners) and for offer fulfillment
- for our business purposes and to maintain internal records
How do we share the information we collect?
- with each other, with our affiliates and with our Service Partners
- with our service providers for activities performed on our behalf
- with Business Partners to provide you with jointly offered or co-branded marketing offers and for offer fulfillment
- with your dealer to assist it in servicing your vehicle or for other business purposes
- as required or permitted by law, including for Government requests based on legal process
- when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of VW Car-Net Security & Service or anyone else that could be harmed
- in the event of a sale or acquisition of our companies
We may also share aggregated or anonymized data with certain third-party Business Partners. We will not otherwise sell or share information that identifies you or the Vehicle for the independent use of third parties without your consent.
How to contact us: Call 1-877-820-2290.
Inc., a business unit of Volkswagen Group of America, Inc. (“VWoA”) and Verizon Telematics (“VZT”) may collect in connection with VW Car-Net Security & Service, including when you use VW Car-Net Security & Service, operate a vehicle equipped with VW Car-Net Security & Service, use the VW Car-Net Security & Service mobile application, or visit the VW Car-Net Security & Service Web site. It also describes how and with whom that information may be used or shared. This Policy is not intended to limit any data usage provisions contained in the VW Car-Net Security & Service Terms of Service (the “Terms of Service”) that you agreed to in order to receive the VW Car-Net Security & Service or any other agreements that you may enter into with VZT or VWoA. Please read this Policy and the Terms of Service carefully.
INFORMATION WE COLLECT AND HOW WE USE IT
We collect information about you and your Volkswagen vehicle (the “Vehicle") to facilitate the provision of VW Car-Net Security & Services. Providing these services involves a commercial relationship between you and us. Your use of VW Car-Net Security & Service may involve your interaction with our Service Providers, which include entities with whom you may interact directly such as roadside assistance, emergency service,and other similar providers. We and our Service Partners require certain information from you to provide those services. For example:
- To provide VW Car-Net Security & Service, we must collect certain information when you activate your account and agree to the Terms of Service, including your contact information (e.g., your name, address, email and emergency contact), your billing and payment information and various other information. We may use this information to establish your credit or protect against fraud and misuse.
We may also monitor or record conversations you have with our customer service representatives, emergency personnel, or the police, as well as your use of any of our or their automated services, for purposes such as assessing, maintaining or improving service quality; issue resolution; training; or promoting and providing services. You understand and agree to such monitoring and recording and you are responsible for notifying any users of your vehicle that this may occur. When you contact VW Car-Net Security & Service for the provision of services, we may collect caller identification information and the date and time of call. Our and our Service Partners’ customer service representatives may remain on the line while conferencing in a third party to assist in completing a service request.
We may use information about you and your Vehicle to customize VW Car-Net Security & Service for your use, analyze and troubleshoot VW Car-Net Security & Service and usage, improve our product offerings, maintain internal records, and communicate with you about VW Car-Net Security & Service or other products or services. For information about your choices regarding communications, refer to Section 9 of this policy.
The information we may collect about your Vehicle or your mobile application includes by way of example:
- information relating to the purchase or lease of your vehicle (e.g., make, model, year and vehicle identification number (VIN));
- information concerning your Vehicle’s operation, performance and feature utilization (e.g., diagnostic trouble codes and maintenance conditions such as tire pressure and fuel economy) to enable VWoA to, among other things, provide you with VW Car-Net Security & Service, perform research, and improve our products and services;
- information about accidents involving your Vehicle (e.g., whether air bags deployed) for the purposes of notifying emergency personnel or otherwise addressing potential emergencies;
- information about your vehicle’s location, direction, or speed when you request a VW Car-Net Security & Service (e.g., to provide you with Destinations/Points of Interest; to provide automatic collision notification; to provide vehicle location services in the event your Vehicle is stolen), to comply with legal obligations, or to use or share in an anonymized or aggregate manner for purposes including research, analysis, product or service improvement, and aggregated information services such as traffic reporting; and
- information concerning the type of mobile device you use, the device’s operating system, information you provide via the device, and, when you request a VW Car-Net Security & Service, the location of the device at the time of a service request, and other information as needed to provide a VW Car-Net Security & Service.
HOW WE OBTAIN INFORMATION ABOUT YOU AND YOUR VEHICLE
We obtain information about you and the Vehicle in a number of different ways. These include, but are
not limited to:
- information you or your Vehicle dealer, distributor, or manufacturer provide to us when you buy or lease your Vehicle or register for Service;
- information obtained from VW Car-Net Security & Service Equipment in the Vehicle and your use of the Service;
- information you provide when you use the Web sites or other online services of VW Car-Net Security & Service or our Service Partners or from the mobile application;
- information collected about your use of the Web sites or other online services of VW Car-Net Security & Service or our Service Partners;
- information provided by you directly, through communications between you and us (or our Service Partners);
- information obtained through publicly available or commercial sources; and
- information exchanged between us, our affiliates and our Service Partners.
In addition, we and our Service Partners and the Volkswagen Companies may intercept any wire, wireless,oral or electronic communications made or transmitted through the Service, at any time and for any reason.
DISCLOSURE OF YOUR INFORMATION
To provide VW Car-Net Security & Service, we share your information with Service Partners including, for example, roadside assistance providers and emergency service providers (e.g., 9-1-1) for the purpose of delivering VW Car-Net Security & Service to you. We may also share information about you and your Vehicle with service providers, i.e., third parties that perform services on our behalf, such as call centers,mailing vendors and Web site hosting companies. We may share information about the Vehicle and you with each other and our affiliated companies to facilitate research, improve our product and service offerings, and for marketing.
We may share information about activation of the services with your Volkswagen dealer in order to allow the dealer to contact you. We also share pertinent information with law enforcement or others in case the stolen vehicle location assistance service has been requested. When required we may release information to comply with valid legal process including subpoenas, court orders or search warrants, and as otherwise authorized by law, or to enforce or apply the terms of our agreements with you or to defend ourselves or Volkswagen in a litigation. For example, we may be legally compelled to provide location data and other information to law enforcement agencies, pursuant to validly issued subpoenas or similar judicial or law enforcement procedures. We may also share your information with third parties for purposes other than as described in this policy with your consent.
We may share information with dealers, our affiliates, our Service Partners and their affiliates to provide information about products and services that may be of interest to you.
We may share information with our business partners for joint marketing offers that may be of interest to you.
We also may disclose information about you and your Vehicle when we have reason to believe thatsomeone is causing injury to or interference with our rights or property, other users of the Web sitesor anyone else that could be harmed by such activities.
We may aggregate or anonymize information we collect about you and your Vehicle so that it no longer reasonably identifies you. We may share aggregate or anonymous information with certain third parties.Should we declare bankruptcy or should our assets ever be acquired by or merged into anotherorganization, the information we have collected about you and your Vehicle will be treated as an asset and may be transferred to a third party that purchases or otherwise acquires our assets.
UPDATING OR CHANGING YOUR ACCOUNT INFORMATION
It is your obligation to correct or update the information you provide upon activation of the VW Car-Net Security & Service when that information changes. You may review, update or change your information by calling one of our customer specialists at 1-877-820-2290 or writing to the Volkswagen Car-Net Security & Service Response Center c/o Verizon Telematics, Inc., P.O. Box 422628, Atlanta, GA 30342.
PROTECTION OF INFORMATION
We employ administrative, technical and physical controls to protect against the loss of, or unauthorized access to, the information under our control. Although we take your privacy very seriously and we useresponsible and reasonable practices to protect the privacy of your information, we cannot guarantee that your information will always remain secure.
SECURITY ON CELLULAR AND WIRELESS NETWORKS
The VW Car-Net Security & Service transmit voice and data between the response center and your Vehicle over wireless and cellular telephone networks. Although it may be illegal for unauthorized people to intercept these transmissions, we cannot guarantee the privacy and security of conversations or data transmitted to and from the Vehicle.
We may collect your financial information such as credit and debit card numbers and bank and other financial institution account numbers in connection with transactions you enter into with us. We use your financial information to help us process these transactions. We may use third-party service providers to help us perform some of these tasks. In such instances, we will provide your financial information to these third parties for the sole purpose of performing these tasks. We may also provide your financial information to your credit card issuer, financial institutions, credit card processors or other payment processors to process transactions.
USE OF VW CAR-NET SECURITY & SERVICE WEB SITE AND MOBILE APPLICATIONS
When you browse the VW Car-Net Security & Service or VZT Web sites or use the VW Car-Net Security & Service mobile application, we collect information about you, your use of the services, and your device. For example, you may submit on our Web site your name, contact information, VIN, and the like. In addition, we collect information about your interactions with the VW Car-Net Security & Service Web site and mobile app, the VZT Web site or Web sites of our Service Partners. We may collect and use your IP address and the Web site address of your point of entry to our sites, as well as other information about your connection, including your computer’s browser and platform type and your Internet connection speed, and your mobile device type and operating system version. We may collect and use information concerning the type of mobile device you use; the device’s operating system; information you provide via the device; the location of the device at the time of a service request; and other information as necessary to provide a VW Car-Net Security & Service. We use this information to monitor statistics such as how many people visit our Web sites and use our mobile apps, which pages people visit on our sites and how much time is spent on each page, which Web domains our visitors come from, which browsers are used to visit our sites, and how people use our mobile apps.
We may also use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies on our Web sites and/or in our communications with you to enable us to know whether you have visited a Web page or received a message.
YOUR CONSENT AND CHOICE REGARDING COMMUNICATIONS
Please note that even if you choose not to receive marketing emails from us, you may still hear from usregarding the status of VW Car-Net Security & Service and any other service issues and order status updates that will allow us to provide you with the optimal user experience.
The VW Car-Net Security & Service or VZT Web site may contain links to other sites, including, among others, those of advertisers, other third parties, and companies whose trademarks may appear on the site. We are not responsible for the information collection practices or the content of the sites to which we link or for content and information collection practices of the Web sites and online services belonging to our Service Partners.
CHANGES TO THIS POLICY
What is a Service Partner?
Service Partners are third parties that work with us to provide services, equipment, content, features, or facilities connected with the provision of VW Car-Net Security & Service.Service Partners include, without limitation, telecommunications providers, call center operators, wireless service providers, public safety operators, emergency personnel, towing companies, vehicle distributors and dealers, equipment and software manufacturers, certain advertising companies and content providers,or other third vendors acting on our behalf to provide the VW Car-Net Security & Service.